Federal Appeals Court Denies Stay to Executive Branch on Travel Ban Order
The 9th Circuit COA declined to grant a stay and in doing so, the court had to review the likelihood that the executive branch would succeed on the merits.
Family Law Jurisdictional Battle
The COA jurisdiction in post judgment custody appeals has long been a vexing area for family law attorneys. MCR 7.202 grants an appeal by right to post judgment orders affecting custody.
COA: Ordinary Negligence the Standard of Care When Driving a Golf Cart
When driving your golf cart on a golf course, ordinary negligence is the standard of care & not the “reckless misconduct” standard applicable to recreational activities according to the COA.
COA: Trial Court Judge’s Denial of DHHS Access to Hospital Records an Abuse of Discretion
The COA vacated 3 protective orders issued by Genesee Circuit Judge that prevented the Michigan DHHS from accessing McClaren-Flint Hospital medical records.
Timely Notice Necessary for Courts to Collect on Bond Forfeiture
MCL 765.28(1) and MCR 3.604(I)(2) do not conflict. The statute (MCL 765.28 (1)) is the procedure for providing a surety notice of default.
Michigan Appeals Court Brings Some Clarity to Frivolous Defenses and Vexatious Appeals
If you’re curious about frivolous defenses and vexatious appeals, the case of Miller v Blue Cross Blue Shield Michigan, is worth a read.
Unsigned Will May Sometimes Be Admitted to Probate
he probate Court can admit an unsigned will if the proponent of the will establishes, by clear and convincing evidence, that the decedent intended the document to be his or her will.
A Fetus is a Victim for Scoring Sentencing Offense Variable 9
The Trial Court’s scoring of sentencing Offense Variable (OV) 9 (MCL 777.39), which concerns the number of victims, was upheld by the Michigan Court of Appeals.
The Court of Appeals Holds That a Putative Father May Be Unfit or Unable to Properly Care for His Child Due to Incarceration
A parent’s rights may not be terminated solely on the basis of parental incarceration in a Juvenile Code case - also applied to an Adoption Code case.
Sixth Circuit Reviews Federal Gun Ban for Involuntary Commitment
A divided en banc Sixth Circuit Court of Appeals reversed and remanded a district court’s order dismissing a 2nd Amendment challenge to the Federal ban on gun ownership.
Stick to the Rules in Child Protective Proceedings
The Court of Appeals recently reversed a trial court’s decision terminating parental rights based on the lack of jurisdiction and inadmissible evidence during the child protective proceedings.
The Courts’ Discretion in Parenting Time Decisions Questioned
In In re Laster, the COA held that termination of parental rights, in the absence of a court rule or statute, the issue of the amount, and conditions of parenting time is left to the sound discretion of the trial court.
How Bail Bond Agencies Can Recover Funds Under Michigan Statutes
Bail bond agencies act as surety for bonds for compensation in criminal cases in Michigan. Without them, our jails would be more over-crowded.
Trial Court Erred By Making Appointed Attorney Fees Contingent on Appeal Outcome
The Court of Appeals reversed a trial court decision denying reasonable attorney fees because his application for leave to appeal was denied “for lack of merit in the grounds presented.”
McLain v City of Lansing Fire Department
Tracy McLain sought emergency treatment as a result of a respiratory attack. Emergency personnel inserted a breathing tube due to her low blood oxygen levels and transported her to the hospital.
Michigan's SORA labeled "Byzantine Code" by the 6th Circuit
In a recent opinion, the US Court of Appeals for the 6th Circuit declared recent amendments to Michigan's SORA to be ex post facto law.
Supreme Court Opinion Questioned
The Supreme Court, after granting leave and taking full briefing and arguments in Black v Shafer, reversed the COA and reinstated the order granting Summary Disposition.
Due Process Rights in Termination Case Not Violated by Failure to Sua Sponte Appoint Counsel
In re Trumble, Respondent Mother appealed the order terminating her parental rights to her child arguing that the trial court violated her due process by its failure to sua sponte.